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Supreme Court of Zambia - 1998 February

2 judgments
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2 judgments
February 1998
Militis v Chiwala (SCZ Judgement 3 of 2009) [1998] ZMSC 104 (13 February 1998)
Oral sale agreement enforced; valuation order reversed; mesne profits awarded from date of judgment; improper appellate documents expunged.
  • Contract law — oral contract for sale of land — specific performance; proprietary estoppel; remedy — valuation reversed in favour of contract terms; damages — mesne profits accrue from date owner's interest is extinguished (date of judgment); civil procedure — supplementary record expunged; cross-appeal amendments require leave.
13 February 1998
Zambia Industrial & Another v Muuka (S.C.Z. Judgment 1 of 1998) [1998] ZMSC 1 (9 February 1998)
Specific performance affirmed; foreign-currency reconversion of historic Kwacha rejected; purchaser to reimburse rates and pay interest.
  • Specific performance — Parallel proceedings and res judicata — Vendor delay and equity — Measure of damages for defective title — Rejection of foreign-currency reconversion to adjust historical Kwacha price — Interest and reimbursement adjustments
9 February 1998